In a bail application under Section 498A IPC arising from a matrimonial dispute, the Court allowed bail after directing mediation through the Allahabad High Court Mediation and Conciliation Centre.
Release of the applicant on bail by furnishing a personal bond and two sureties, subject to mediation directions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3930 of 2022
Applicant :- Junaid Ali Opposite Party :- State of U.P. Counsel for Applicant :- Satya Dheer Singh Jadaun,Devendra Singh
Counsel for Opposite Party :- G.A.,R.U. Rinki Renu,Rajesh
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 143 of 2021 at Police Station Rudhauli District Basti under Sections 498A, 313, 323 I.P.C. The applicant is in jail since 06.10.2021.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Basti on 07.12.2021.
Shri Satya Dheer Singh Jadaun, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The criminal case arises out of a matrimonial dispute. The victim has not sustained any grievous or life threatening injury on any vital part of the body. The victim has suffered miscarriage. The applicant did not in any manner induce the abortion. Infact the applicant is aggrieved by the death of his unborn child. There is good possibility of an amicable resolution of the matrimonial dispute between the parties. However, continued incarceration of the applicant in jail will lead to a further
communication gap and the breach between the parties could well be beyond recall.
Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Shri Satya Dheer Singh Jadaun, learned counsel for the applicant and Ms. R. U. Rinki Renu, learned counsel for the informant in the best traditions of the legal profession submit that the parties should try and resolve their dispute amicably through the process of mediation before the Allahabad High Court Mediation and Conciliation Centre, Allahabad.
Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
The parties will attempt a reconciliation with the assistance of the Allahabad High Court Mediation and Conciliation Centre, Allahabad.
The matter is referred to the Allahabad High Court Mediation and Conciliation Centre, Allahabad to attempt to bring about conciliation between the parties through the process of mediation. The following directions shall be executed by the respective parties:
and Conciliation Centre, Allahabad within a period of one month from today.
be commenced.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Junaid Ali be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.4.2022
Dhananjai
Digitally signed by DHANANJAI Date: 2022.04.28 17:50:15 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail given the existence of credible grounds for mediation in a matrimonial dispute.
Junaid Ali
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
